CARPIO vs EXECUTIVE SECRETARY

FACTS:

Congress passed RA 6975 (An act establishing the PNP under a Reorganized Department of Interior and Local Government). Petitioner Carpio filed a petition seeking to declare the said RA unconstitutional. He also contends that Section 12 of the questioned Act constitutes an encroachment upon, inference with, and an abdication by the President of, executive control and commander-in-chief powers.

ISSUE:Whether Sec 12 of the RA 6975 constitutes an abdication by the President of his executive control and commander-in-chief powers.

HELD: NO! Sec 12, RA 6975

Sec. 12. Relationship of the Department with the Department of National Defense. During a period of 24 months from the effectivity of this Act, the Armed Forces of the Philippines (AFP) shall continue its present role of preserving the internal and external security of the State: Provided, that said period may be extended by the President, if he finds it justifiable, for another period not exceeding 24 months, after which, the Department shall automatically take over from the AFP the primary role of preserving internal security, leaving to the AFP its primary role of preserving external security.

The provision enforces the proposition that the national police under the DILG does not fall under the commander-in-chief powers of the President anymore. This is necessarily so since the police force, not being integrated with the military, and is not part of the AFP anymore. The National Police as a civilian agency of the government under the DILG, it properly comes within, and is still subject to, the exercise by the President of the power of executive control (Art. 7, Sec 17, Consti). The president shall have control of all executive departments, bureaus and offices. This presidential power of control over the executive branch of the govt extends over all executive officers from Cabinet Secretary to the lowest clerk. Consequently, Sec 12 does not constitute abdication of commander-in-chief powers. It simply provides for the transition period or process during which the national police would gradually assume the civilian function of safeguarding the internal security of the State. All the presidents function is civil in nature Position as civilian commander-in-chief consistent with the principle that civilian authority is, at all times, supreme over the military (Art 2, sec 3, Consti) Therefore, Sec 12 does not constitute abdication of commander-in-chief powers of the President.